Havens v. West Side Electric Light & Power Co.
New York Supreme Court
Appeal from special term, Hew York county. Action by James H. Havens against the West Side Electric Light & Power Company and others, Elsworth L. Striker, and Charles R. Vincent and another, to enforce a mechanic’s lien. Prom the judgment, which, among other provisions, directed a dismissal of the complaint as to defendant Striker, who was the owner of the land on which the building was erected, (17 H. Y. Supp. 580,) defendants Charles R. Vincent and another appeal. Affirmed.
1Opinion of the CourtVan Brunt, P. J.
We see no reason to differ from the conclusion arrived at by the learned justice who tried the cause below, and we think that the judgment appealed from should be affirmed for the reasons assigned by him in his opinion. It does not seem to us that it could possibly have been the intention of the legislature to make the owner of land which he has leased for a long term of years liable for improvements made upon this land for purposes of trade by his tenant. The mere fact that he may know that the tenant contemplates making certain improvements, or applying the property to certain purposes,…
2Cited by5 opinions
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- Robbins v. ArendtNew York Court of Common Pleas · 1893
- De Klyn v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1898
- Regan v. BorstNew York Court of Common Pleas · 1895